February 9, 2018

Office of Disciplinary Administrator

1st Floor
701 Jackson Street
Topeka KS 66603

Case Number: 2017CV72P Kasey King vs. Lori Fleming

To Whom It May Concern:

I am writing this complaint on Attorney Dennis Depew from the Kansas Attorney
General's Office at the address of 120 SW 10th Avenue, 2nd Floor in Topeka KS
66612.

Attorney Bernard Rhodes was indiscreetly talking to Attorney Dennis Depew and

Attorney Stephen Phillips about a female attorney who was previously at his law

firm of Lathrop and Gage who was disbarred and he stated he testified at her

disbarment hearing. Bernard Rhodes said she now works at a place where her

employment doesn't require her to be an attorney to represent their employees.

Attorney Dennis Depew and Attorney Stephen Phillips knew who the female

attorney was that Attorney Rhodes was talking about and knew that she had been

disbarred because Attorney Stephen Phillips said he had looked into her mortgage

case and she had not made a payment in 10 years because she had filed 3 frivolous

lawsuits and she needed to be disbarred! Bernard Rhodes shook his head again and

said "you know, when I had to deal with her she had times when she could be a real

pleasant human being to deal with and she wasn't so mean, sneaky, and nasty all the

time." All three attorneys started laughing with Mr. Rhodes shaking his head like

he was totally annoyed with her.

Attorney Stephen Phillips also said "it sounds to me like she has an alcohol problem
or perhaps she has alzheimer's because that's what that sounds like to me if she

gets more rude and nasty in her emails as the day goes on." All three attorney

started laughing again like it was a BIG JOKE that this lady lost her career as an

attorney. I'm highly offended that they compared this woman to that of having

Alzheimer's disease or even that she could be an alcoholic! I have dealt with

Alzheimer's in my family AND alcoholism and neither are anything to joke about.

What chauvinistic pigs!

After that conversation, Bernard Rhodes continued on and also asked Dennis

Depew if his son could vote in the New York election like he did last year even

though his son lives in Kansas City and has for the past six (6) years! Attorney

Dennis Depew asked if Rhodes' son was a student and Rhodes replied that he wasn't

a student and then after pausing, he said he can't vote in New York and Missouri

and then another pause and then Depew, Phillips, and Rhodes all started laughing. I

did not know a person could vote in the presidential election in more than one state!

I did not know a person could vote in two states period. I live in Kansas and work in

Missouri. Anytime there are issues that pertain to me, I am not aliowed to vote

because I do not live in Missouri. Why is Rhodes' son voting in two states and lives

in Missouri?

Attorney Bernard Rhodes states on page 12 lines 13-14 "they took that bite of the

apple, they lost at that bit of the apple". Attorney Dennis Depew thought that he

would join and participate in the name calling, bullying, and disrespect that Bernard

Rhodes was giving to Attorney Prince Ogunmeno and the Court by stating on the

Court transcript on page 19 lines 14-19 "He's just trying to do his job. And yet he
is constantly under attack, and this case is just yet another example of somebody

that now basically had three bites at the apple at the Federal Court level with the

initial ruling, the Motion to Clarify, and then the Motion to Alter or Amend".

Attorney Dennis Depew not only shows disrespect to Attorney Ogunmeno by

talking about biting apples, but he actually refers to Attorney Ogunmeno as just

"SOMEBODY"!Attorney Dennis Depew is giving insults and continues by acting

like they are all members of the BAR and Attorney Ogunmeno is just a somebody

off the streets that is not an attorney and does not have a name!! Attorney Dennis

Depew continues his unethical statements by saying on page 19 lines 20-21 "now

with the filing of this case, they want a fourth bite, and my client deserves to be

left alone". Kasey King DESERVES to have a fair and impartial hearing without

these yayhoos causing interference. Sure is sickening to see several attorneys

gang up on one attorney. Attorney Rhodes also compared Attorney Ogunmeno's

court answers to "MIXING APPLES AND ORANGES" on page 27 line 10 of the

court transcript. Bernard Rhodes also insults Attorney Ogunmeno again on page 27

lines 21 to 2S and page 28 lines 1-2 of the court transcript when Attorney Rhodes

says "so he's mixing apples and oranges. I know we keep talking about bites at the

apples. I had two bites. somebody over here had four bites and now I'm talking

about oranges. But unfortunately. with the opposition we are dealing with. that is

the level we have to go to. is talking about fruit. because that's what we are dealing

here with. your Honor"!

The comment about dealing with fruit could also be considered a GAY RACIAL

SLUR!!! The word choice is far from acceptable.

I don't know why Mr. Rhodes said we are dealing with fruit because the only two (2)

people mentioning anything about mixing and eating fruit is Attorney Rhodes and

Attorney Depew. Do you suppose they were hungry? Or, do you suppose they think

Attorney Ogunmeno is homosexual?

Why is it that Rhodes and Depew are eating fruit in court anyway? Rhodes states

right on the record that "he had two bites at an apple and Depew had four bites at

an apple and then Rhodes was talking about oranges"!'! I can't believe that an

attorney is talking about fruit in a court case or even using it as an analogy if that

is what it was supposed to be!!! I see it and any normal individual would see it as

harassment.

Attorney Dennis Depew and Attorney Stephen Phillips also violated Kansas Rules of

Professional Conduct the Preamble and the following list shows the violations:

PREAMBLE: A LAWYER'S RESPONSIBILITIES

A lawyer is a representative of clients. an officer of the legal system and a

pubic citizen having special responsibility for the quality of justice.

In all professional functions a lawyer should be competent. prompt and

diligent. How was Mr. Rhodes, Depew, and Phillips competent when they are

not taking a criminal act seriously such as illegal voting and they are not

acting professional in a professional function by eating fruit and taking bites

at apples?
A lawyer's conduct should conform to the requirements of the law, both in

professional service to clients and in the lawyer's business and personal

affairs. A lawyer should use the law's procedures only for legitimate

purposes and not to harass or intimidate others.

A lawyer should demonstrate respect for the legal system and for those who

serve it including judges, other lawyers and public officials. While it is a

lawyer's duty, when necessary, to challenge the rectitude of official action,

it is also a lawyer's duty to uphold legal process.

Bernard Rhodes also insulted Attorney Prince Ogunmeno by using demeaning

nicknames in regards to fruit and comparing Ogunmeno's court filings as taking

bites at apples and oranges instead of using what the rest of us refer to as the

proper words of "filing a lawsuit". Why did Rhodes use words to make fun of

Attorney Ogunmeno? Bernard Rhodes, Dennis Depew, and Stephen Phillips have

not upheld the legal process because they did not report to the BAR that Mr.

Rhodes' son committed a crime, according to Dennis Depew, by illegally voting in

New York at the last presidential election when he has lived in the Kansas City,

Missouri area for the last six years.

I also feel that Dennis Depew and Stephen Phillips have violated the PREAMBLE: A

LAWYER'S RESPONSIBILITIES where it says the following:

In the nature of law practice, however, conflicting responsibilities are

encountered. Virtually all difficult ethical problems arise from conflict

between a lawyer's responsibilities to clients, to the legal system and to

the lawyer's own interest in remaining an upright person while earning a

satisfactory living.

Stephen Phillips and Dennis Depew have no right to represent judges when they do

not have immunity and we complain to their office about the same judges in ouster

complaints. ESPECIALLYwhen they have NO IMMUNITY and have been sued in

their PRIVATE CAPACITY.I feel Depew and Phillips have also violated KRPC Rule

S.l(a)(b)( c)(1)(2) Responsibilities of a partner or supervisory lawyer by not

reporting each other for not reporting Bernard Rhodes for misconduct when his

son commits a crime under KRPC Rule 8.3(aJ.

I also don't think it is the Attorney General's duty to go snoop in mortgage cases of

private people instead of doing their duties laid out in their own job description

under "Duties" of their AG office. I don't deem it necessary to sub-contract out

legal work to other law firms because the Attorney Generals aren't doing the job

duties of their office and instead bill the state tax payers. I doubt too many tax

payers would agree to this seeings how many tax payers have to go out and hire

their own private attorneys rather than have the Attorney General's office do it

for them for free ...ESPECIALLYwhen they did the damage in their own private

capacity.

It shows how GUlLTY both Stephen Phillips and Dennis Depew were in SMALL

CLAIMS COURT, case number lSSC70P Noah Day vs. My Town Media when they

REPRESENTED My Town Media, a private corporation, a non-governmental

entity, a RUN-OF-THE-MILL
RADIOSTATIONHWhy is Bernie Rhodes in this
particular case anyway? Since Depew and Phillips already represented My Town

Media radio station in a SMALL CLAIMS court case, why aren't they representing

them now? I know why, it is because they were WRONG to do so. AND ...BECAUSE

THEY DID NOT HAVE SUBJECT-MATTER JURISDICTION UNDER K.S.A.

61-2707(a) to represent My Town Media in small claims court, but they did it

anyway, which is extremely unethical and extremely incompetent. And they want

to gang up on Attorney Ogunmeno?! Ridiculous. I feel the Attorney General's

office has violated Supreme Court Rule 162 CONFLICTS IN TRIAL SETTINGS IN

DISTRICT COURT since Stephen Phillips should have been disqualified since he

needed to be a witness in this case under Rule 226 Kansas Rules of Professional

Conduct. KRPC Rule 1.7(b) Conflict ofInterest General Rule, KRPC Rule 1.10(a)

Imputed Disqualification, and KRPC Rule 3.7(a) Lawyer as Witness and states as

follows:

Defendant Lori Fleming's counsel, Assistant Attorney General Stephen

Phillips was listed as the last modifier in the attached evidence of computer

forensics expert Jeffry Johnson, the Principal Consultant, of Quantum

which shows that the email sent by Defendant Lori Fleming to Bill Wachter

of My Town Media on February 19, 2015 was "MODIFIED" and that her

attorney "STEPHEN PHILLIPS" is in the mega data code which shows that

the original email that Lori Fleming sent was "MODIFIED". Stephen Phillips

is listed as the "LAST MODIFIER" which means the original email according

to the computer expert has been altered and the evidence of the email has

now been "TAINTED EVIDENCE" because of her attorney Stephen Phillips

altering the email.

Attorney Phillips' testimony and the ability to view his computer will give evidence

that is material to the determination of the issues being litigated in this case. The

evidence of what Attorney Phillips altered in the email that Defendant Lori Fleming

sent to Bill Wachter on February 19,2015 cannot be obtained elsewhere other

than the testimony of Attorney Phillips and the ability to view his computer at

DISCOVERY.Do you see why they are being so ugly to Attorney Ogunmeno? They

can't let Attorney Ogunmeno get to Discovery or the fraud that was committed by

Attorney Phillips by altering the email will come out. The testimony of Attorney

Phillips may be potentially prejudicial to Defendant Fleming which according to the

Kansas Court of Appeals and the following case law, Attorney Phillips should be

disqualified as an attorney in this case.

The Kansas Court of Appeals has adopted the following factors that must be

considered when weighing a Motion to Disqualify an attorney based upon the

opposing party asserting the attorney is a material witness: "(1) Whether it had

been shown that the attorney will give evidence material to the determination of

the issues being litigated; (2) whether the evidence could not be obtained

elsewhere: and, (3) whether the testimony would have been prejudicial or

potentially prejudicial to the testifying attorney's client." National Bank of

Andover, N.A., 30 Kan.App.2d at 792.

Cottonwood Estates v. Paradise Builders, 128 Ariz 99, 105,624 P2d 296,302

(1981), in which the court stated that '[when an attorney is to be called as a

witness other than on behalf of his client, a motion for disqualification must be
supported by a showing that the attorney will give evidence material to the

determination of the issues being litigated, that the evidence is unobtainable

elsewhere, and that the testimony is or may be prejudicial to the testifying

attorney's client. 'See also J.P. Foley & Co. v. Vanderbilt, 523 F2d 1357 (CA2 1975);

Freeman v. Kulicke & Soffa Industries, 449 FSupp. 974 (EDPa 1978); Connell v.

Clairol, 440 FSupp 17, 18 n. 1 (NDGa 1977); Miller Electrical Construction v. Devine

Lighting Co., 421 FSupp 1020 (WDPa 1976); Brown v. DeRugeris, 92 CalApp3d 895,

155 CalRptr 301 (1979)."

Attorney Stephen Phillips and Attorney Dennis Depew have also violated Supreme

Court Rule 117 WITHDRAWAL OF ATTORNEY) because they represented My

Town Media in 15SC70P in Small Claims Court but they are not representing My

Town Media in this case and it is Attorney Rhodes who is their counsel. According

to Supreme Court Rule 117 Dennis Depew and Stephen Phillips needed to file a

WITHDRAWAL OF ATTORNEY since they both spoke for My Town Media and

Dennis Depew prepared the court order in the case.

Sincerely,

Brl~Nw~
Eric Muathe,
P. O. Box 224,
Pittsburg, Kansas, 66762
 1

1 IN THE DISTRICT COURT OF CRAWFORD COUNTY, KANSAS

2 KASEY KING, )
)
3 )
Plaintiff, )
4 )
vs. ) CASE NO.
5 ) 2017CV72-P
MY TOWN MEDIA, INC., et al,)
6 )
)
7 )
DefendantB. )
8

10 TRANSCRIPT OF PROCEEDINGS

11

12 PROCEEDINGS had before the Honorable Daniel

13 Dale Creitz, Judge of the District Court of

14 Allen County, Kansas, at lola, Kansas, on the

15 31st day of August, 2017.

16

17 APPEARANCES:

18 The Plaintiff appearing by and through

19 his counsel, Prince Adebayo Ogunmeno, 155 S.

20 18th St., Suite 250, Kansas City, Kansas

21 66102-5654, via teleconference.

22 The Defendant, Kurtis I. Lay,

23 appearing by and through his counsel, Mr.

24 Dennis D. Depew, Deputy Attorney General, 120

25 SW 10th Ave., 2nd Floor, Topeka, KS 66612, via

April D. Hudson, RMR

(620) 365-1426
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1 APPEARANCES: (Continued)

2 teleconference.

3 The Defendant, Lori B. Fleming,

4 appearing by and through her attorney, Mr.

5 Stephen Phillips, Assistant Attorney General,

6 120 SW 10th Ave, 2nd Floor, Topeka, Kansas

7 66612, via teleconference.

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

April D. Hudson, RMR

(620) 365-1426
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1 PROCEEDINGS

2 THE COURT: Good morning. This is

3 Judge Creitz. I'm in chambers. I have my

4 court reporter here, April Hudson, and I have

5 Kendra Klassen with the calendar. I will have

6 to call Pittsburg to get a hearing date when we

7 do this.

8 Let's do appearances first. For the

9 plaintiff please state your appearance.

10 PRINCE ADEBAYO OGUNMENO: (Inaudible. )

11 THE COURT: I'm sorry, sir, you'll

12 have to would you spell your name because we

13 are trying to make a record and you came across

14 very unclear.

15 PRINCE ADEBAYO OGUNMENO: (Inaudible.)

16 THE COURT: You are not being clear,

17 sir.

18 PRINCE ADEBAYO OGUNMENO:

19 A-D-E-B-A-Y-O O-G-U-N-M-E-N-O.

20 THE COURT: All right. Thank you,

21 sir. And what is your bar number, sir?

22 PRINCE ADEBAYO OGUNMENO: 14808.

23 THE COURT: All right. That is a
24 Kansas bar number?

25 PRINCE ADEBAYO OGUNMENO: Yes.

April D. Hudson, RMR

(620) 365-1426
 4

1 THE COURT: Thank you.

2 For defense?

3 r1R. DE PEvv: Dennis Depew; bar number

4 1160, appearing on behalf of defendant Kurtis

5 Loy.

6 THE COURT: All right.

7 MR. PHILLIPS: And Steve Phillips for

8 Judge Fleming.

9 THE COURT: Sorry, Mr. Phillips,

10 that's my fault.

11 Defendant has filed a motion to dismiss, or

12 in the alternative, motion for summary

13 judgment. I'd like to get that set for hearing

14 and get some deadlines.

15 Does plaintiff plan on filing a response to

16 that motion?

17 PRINCE ADEBAYO OGUNMENO: Yes.

18 THE COURT: And that motion, when will

19 you have your response filed by?

20 PRINCE ADEBAYO OGUNMENO: I think I

21 file request for extension of time.

22 THE COURT: When do you want -- when

23 can you file it by? You don't have to worry
24 about the extension. I just asked you a
25 question; when can you file it by, sir?

April D. Hudson, RMR

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1 PRINCE ADEBAYO OGUNMENO: September

2 25.

3 THE COURT: September 25th, okay.

4 Plaintiff, that's fine, we'll go ahead and set

5 that.

6 Does defense want time to file a reply?

7 MR. PHILLIPS: Fourteen days, please.

8 THE COURT: October 9th. Let's set a

9 hearing date thereafter. We'll clear it with

10 my schedule and yours and I'll call Pittsburg.

11 I guess my question first of all before I

12 call, does anybody have any objection to

13 hearing this motion in Iola in lieu of going to

14 Pittsburg? I'm willing to go to Pittsburg, I

15 want to make that clear.

16 Plaintiff, do you want to hear it in

17 Pittsburg or are you willing to hear it here?

18 PRINCE ADEBAYO OGUNMENO: (Inaudible)

19 in Pittsburg.

20 THE COURT: We'll set it in Pittsburg.

21 MR. DEPEW; Your Honor, we would
22 respectfully suggest we set it in Iola for two
23 reasons: One is it is closer in terms of
24 travel time for both plaintiff's counsel and
25 defense counsel to come to Iola; and also,

April D. Hudson, RMR

(620) 365-1426
 6

1 given the Court's likely schedule and calendar,

2 we feel like we could probably get a quicker

3 hearing date if this matter was heard in Iola

4 as opposed to Pittsburg. But that's just a

5 respectfully made suggestion to plaintiff's

6 counsel.

7 THE COURT: Okay. Plaintiff, I'm only

8 going to do it in Iola if you agree. Do you

9 agree to doing it in Iola or not? Are you

10 there?

11 PRINCE ADEBAYO OGUNMENO: (No

12 response.)

13 THE COURT: Can you hear me? Are you

14 agreeable to do it in Iola or not?

15 PRINCE ADEBAYO OGUNMENO: No, I'm not

16 agreeable to do it in Iela now because I need
17 to consult with my client. I think we can go
18 ahead and set it for Pittsburg now and I'll
19 consult with my client. And if they are
20 willing to change that venue

21 THE COURT: Hang on, you answered my

22 question. We will set it in Pittsburg. That's
23 where we'll do it. It will be a little more
24 inconvenient for defense counsel, but it is a
25 Crawford County case. If you're not willing to

April D. Hudson, RMR

(620) 365-1426
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1 agree to do it here, I'll do it in Pittsburg.

2 We'll get a date and then I'll call down to

3 Pittsburg and make sure we have a courtroom.

4 November 1st is the first available date.

5 We have some murder cases pending, I think

6 five, that's making my docket difficult.

7 November 1st

8 MR. PHILLIPS: Judge, I would ask for

9 not too early in the morning because Dennis and

10 I have to drive down from Topeka.

11 THE COURT: We can do it in the

12 afternoon. November 1st at one-thirty. Is

13 plaintiff available then?

14 PRINCE ADEBAYO OGUNMENO: No, your

15 Honor, I'm not available. I'm out of the

16 country at that time. Maybe the next week,

17 November 9th.

18

19 THE COURT: Hang on.

20 MS. KLASSEN: I have November 7th and

21 November 8th at one-thirty.

22 HR. PHILLIPS: I can't do the 8th.

23 HR. DEPEW: I can't do the 7th. I'll
24 be out of the office that week for training.
25 THE COURT: Okay.

April D. Hudson, RMR

(620) 365-1426
 8

PRIrlCE ADEBAYO OGUNMENO: On the 9th?

2 THE COURT: I'm not available.

3 December 20th at one-thirty?

MR. DEPEW: Yes, sir, that is fine.

5 MR. PHILLIPS: That is fine, sir.

6 THE COURT: Plaintiff available?

7 PRINCE ADEBAYO OGUNMENO: What day is

8 that?

9 THE COURT: December 20th at

10 one-thirty p.m. in Pittsburg?

11 PRINCE ADEBAYO OGUNMENO: No, your

12 Honor. I'm scheduled for trial beginning on

13 the 19th.

14 THE COORT: Where at?

15 PRINCE ADEBAYO OGUNMENO: Federal

16 court.

17 THE COURT: I'm looking at my

18 calendar.

19 MR. PHILLIPS: I have two suggestions,

20 Judge. I'm w i Ll.Lnq to defense is willing to

21 waive oral argument. The other would be if we

22 did this by --

23 THE COURT: No, because I'm not sure

24 we can make a clear record. I'm worried we

25 will not be able to, based on the court

April D. Hudson, RMR

(620) 365-1426
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1 reporter's reaction. It's very difficult to

2 understand the plaintiff. I'll move some stuff

3 if I need to. How about October 23rd?

4 PRINCE ADEBAYO OGUNMENO: Your Honor,

5 I'm not available.

6 THE COURT: Okay, 25th?

7 PRINCE ADEBAYO OGUNMENO: I won't be

8 back until November the 6th.

9 THE COURT: That causes problems.

10 PRINCE ADEBAYO OGUNMENO: Right.

11 THE COURT: Is plaintiff willing to

12 waive oral argument and let the Court rule on

13 the briers? That's a yes or no, sir. Is

14 plaintiff there?

15 PRINCE ADEBAYO OGUNMENO: Yes.

16 THE COURT: Did you hear my question?
17 PRINCE ADEBAYO OGUNMENO: No, didn't
18 hear the question.

19 THE COURT: Okay. I'll ask again.

20 Defense is willing to waive oral arguments.
21 Are you willing to waive oral arguments?
22 PRINCE ADEBAYO OGONMENO: (Inaudible. )
23 THE COORT: Your cell phone is
24 breaking up.

25 PRINCE ADEBAYO OGONMENO: I said, no,

April D. Hudson, RMR

(620) 365-1426
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1 I'm not willing to waive right now, no.

2 THE COURT: Then we need to set it.

3 In November I have jury trials stacked up; wa

4 have murder cases. Plaintiff is not available

5 until then, I'm not available until November.

6 I'm looking at the calendar here. Kendra has

7 tried to accommodate but there is nothing we

8 can move at this point. They are all set and

9 all murder cases. Everyone of them is in

10 custody. That's a real problem.

11 HR. DEPEW: Judge, there was a weird

12 beeping on the phone. I'm worried we lost

13 plaintiff.

14 THE COURT: Is plaintiff's counsel

15 there? Hello? Is plaintiff's counsel there?
16 MR. PHILLIPS: Judge, I think I can
17 conference him in again.

18 THE COURT: Thank you. If you'd

19 please do so, I'll try and figure out the
20 schedule.

21 MR. PHILLIPS: If I lose you I'll call

22 you back.

23 THE COURT: Is plaintiff's counsel

24 back?

25 PRINCE ADEBAYO OGUNMENO: Yes, I'm

April D. Hudson, RMR

(620) 365-1426
 11

1 back.

2 THE COURT: We lost you, sir. I was

3 asking you to respond and you never did

4 respond.

5 PRINCE ADEBAYO OGUNMENO: I'm sorry, I

6 didn't hear. Maybe that's when I was off.

7 THE COURT: I don't kn ow . I asked you

8 about six times and no response.

9 PRINCE ADEBAYO OGUNMENO: Your Honor,

10 that is probably when I was cut off.

11 THE COURT: We are still trying to

12 figure that out. I explained I have murder

13 trials set in November. There is no hearing

14 dates available in November.

15 PRINCE ADEBAYO OGUNMENO: Okay.

16 THE COURT: They may go off, but at

17 that time, this point, they are all set.

18 How about Thursday, December 21st; is your

19 trial done in federal court then, plaintiff?

20 PRINCE ADEBAYO OGUNMENO: I'm looking

21 at the calendar. It's starting on Tuesday so I

22 don't believe it will be done. I'm open first

23 week in December.

24 THE COURT: No, I have -- I'm not

25 available.

April D. Hudson, RMR

(620) 365-1426
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1 PRINCE ADEBAYO OGUNMENO: Your Honor,

2 I can check that. I'm not sure the case wiil

3 finish before that. Or maybe -- it's on my

4 calendar now December 19 through 22nd. I can

5 call and check it and see and then

6 MR. PHILLIPS: I'd rather leave today

7 with a date certain.

8 THE COURT: That's what I'm doing. If

9 I knew these murder cases -- I think there is a

10 chance they'll plead, but I don't know that.

11 county attorney has told me they are still on.

12 I know there is some possible deals out there

13 but I don't know they'll be accepted. They are

14 still on the calendar.

15 MR. PHILLIPS; Judge, if plaintiff's

16 counsel would agree to do it in Iola would it
17 make any difference to your schedule?
18 THE COURT: No, because we still have
19 the murder trial in November. That's the
20 problem.

21 All right. How about Friday, January 5th

22 at one-thirty? I don't want to go that far,
23 but that's where I'm looking. That would be in
24 Pittsburg.

25 PRINCE ADEBAYO OGUNMENO: Judge, I

April D. Hudson, RMR

(620) 365-1426
 13

1 don't want to go that far either, but

2 unfortunately I'll be out of the country.

3 THE COURT: Are you available the 5th?

4 I can't understand you.

5 PRINCE ADEBAYO OGUNMENO: No, Judge.

6 What I'm saying -- can you hear me now?

7 THE COURT: I can hear you, but we

8 can't understand you.

9 PRINCE ADEBAYO OGUNMENO: Oh, okay.

10 THE COURT: I think your phone is

11 breaking up.

12 PRINCE ADEBAYO OGUNMENO: It is, oh.

13 THE COURT: When do you get back in

14 the country in January?

15 PRINCE ADEBAYO OGUNMENO: January 14.

16 THE COURT: How about Tuesday, January

17 16 at one-thirty?

18 PRINCE ADEBAYO OGUNMENO: Yeah I I

19 should be ready.

20 THE COURT: It's a firm date. Hang

21 on, let me make a call.

22 I'm assuming defense counsel are available

23 then?

24 MR. PHILLIPS: Yes.

25 MR. DEPEW: Yes.

April D. Hudson, RMR

(620) 365-1426
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1 THE COORT: All right.

2 (Discussion held off record to call

3 Crawford County.)

4 THE COURT: All right. We have one of

5 the courtrooms in Pittsburg. I confirmed it

6 with one of the AA's there, Mary Ann Forsyth.

7 And so we will be set for hearing on the motion

8 to dismiss, motion for summary judgment on

9 January 16th, 2018, In Pittsburg. I'm sorry,

10 with everybody's schedule that is what we have

11 got to do.

12 Plaintiff to file a response by September

13 25th, defendant to reply by October 9th. That

14 ought to give me plenty of time to have read

15 everything again and be prepared on January

16 16th. I probably -- I'm not sure that I will

17 rule from the bench, but I probably will issue

18 a written ruling. But in any event, that's the

19 hearing date.

20 I'm going to ask defense to do a journal

21 entry setting all this out, please, and under

22 Rule 170.

23 t1R . PHI L LIP S : Yes, Judge.

24 THE COURT: Anything else from the
25 plaintiff at this point?

April D. Hudson, Rt1R

(620) 365-1426
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1 PRINCE ADEBAYO OGUNMENO: No, your

2 Honor.

3 THE COURT: Defense?

4 MR. PHILLIPS: Judge, we have two

5 motions to stay on file and Mr. Ogunmeno's

6 response time has long since run on those. We

7 had a motion to stay discovery, motion to stay

8 our answer date.

9 PRINCE ADEBAYO OGUNMENO: I don't

10 think the time has run. I think --

11 MR. PHILLIPS: Mr. Ogunmeno, the time

12 is seven days under Rule 133.

13 PRINCE ADEBAYO OGUNMENO: Oh.

14 THE COURT: I'll take a look at those.

15 Assuming the time has run, I'll go ahead and

16 rule on those and I'll issue written rulings.

17 That's my mistake. I was dealing with the

18 other motion. That is totally my fault.

19 PRINCE ADEBAYO OGUNMENO: Right, okay.

20 MR. DEPEW: Thank you, Judge.

21 THE COURT: Okay. Everybody have a
22 great day.

23 MR. PHILLIPS: Thank you.

24 MR. DEPEW: You, too.
25 (Court adjourned.)

April D. Hudson, RMR

(620) 365-1426
 16

1 CERTIFICATE

STATE OF KANSAS.
SS.
3 ALLEN COUNTY.

If April D. Hudson, a Certified Shorthand

5 Reporter, under and by virtue of the laws of the

6 State of Kansas, and the regularly appointed,

7 qualified and acting Official Reporter for the

8 Thirty-First Judicial District of the State of

9 Kansas do hereby certify that as such official

10 reporter, I was present at and reported in machine

11 shorthand the above and foregoing proceedings had on

12 ~he date above set out before the Honorable Daniel

13 Dale Creitz, Judge of the Thirty-First Judicial

14 District of the State of Kansas, sitting in and for

15 the county of Allen.

16 I further certify that pursuant to law my

17 shorthand notes were transcribed under my

18 supervision and that the foregoing is a true and

19 correct transcript of my notes in said case.

20 IN WITNESS WHEREOF, electronically signed

21 and E-Filed from my office in lola, Allen County,

22 Kansas, 22nd day of January, 2018.

23

24 Isl April D. Hudson

April D. Hudson, RMR
2S OFFICIAL COURT REPORTER
SUPREME COURT NO. 0699